Division 2 - WORDS AND PHRASES DEFINED

California Evidence Code — §§ 100-260

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Sections (32)

Enacted by Stats. 1965, Ch. 299.

Unless the provision or context otherwise requires, these definitions govern the construction of this code.

Enacted by Stats. 1965, Ch. 299.

“Action” includes a civil action and a criminal action.

Enacted by Stats. 1965, Ch. 299.

“Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue.

Enacted by Stats. 1965, Ch. 299.

“Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.

Except as otherwise provided by law, the burden of proof requires proof by a preponderance of the evidence.

Enacted by Stats. 1965, Ch. 299.

“Civil action” includes civil proceedings.

Enacted by Stats. 1965, Ch. 299.

“Conduct” includes all active and passive behavior, both verbal and nonverbal.

Enacted by Stats. 1965, Ch. 299.

“Criminal action” includes criminal proceedings.

Enacted by Stats. 1965, Ch. 299.

“Declarant” is a person who makes a statement.

Enacted by Stats. 1965, Ch. 299.

“Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

Enacted by Stats. 1965, Ch. 299.

“The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing.

Enacted by Stats. 1965, Ch. 299.

“Hearsay evidence” is defined in Section 1200.

Enacted by Stats. 1965, Ch. 299.

“Law” includes constitutional, statutory, and decisional law.

Enacted by Stats. 1965, Ch. 299.

“Oath” includes affirmation or declaration under penalty of perjury.

Enacted by Stats. 1965, Ch. 299.

“Perceive” means to acquire knowledge through one’s senses.

Amended by Stats. 1994, Ch. 1010, Sec. 103. Effective January 1, 1995.

“Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.

Amended by Stats. 2018, Ch. 70, Sec. 1. (AB 1934) Effective January 1, 2019.

“Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. “Dependent person” includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.

Enacted by Stats. 1965, Ch. 299.

“Personal property” includes money, goods, chattels, things in action, and evidences of debt.

Enacted by Stats. 1965, Ch. 299.

“Property” includes both real and personal property.

Enacted by Stats. 1965, Ch. 299.

“Proof” is the establishment by evidence of a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.

Enacted by Stats. 1965, Ch. 299.

“Public employee” means an officer, agent, or employee of a public entity.

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